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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75983
Experience:  Qualified Solicitor
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I own a small business and in march 2019 we are having

Customer Question

I own a small business and in march 2019 we are having issues with our bin supplier, after contacting a new supplier Ash waste who told me that they would get me out my old contract if I sign a contract with them, they failed to get me out of contract I had to wait till my contract with my old suppler came to a end before looking for a new suppler, I chose not to go with Ash waste the company that had promised to get me out if contract because I was under the impression that I didn't need to because they hadn't done what they said the would of 18 month before. I went directly with Biffa, I emailed them April 2021 and told then I was going with biffa, last week I had a call off Ash waste again asking to join I told them again that I had gone with biffa. Yesterday I received a bill for 1600 saying I broke there terms, I signed a agreement 31 months ago on the promise that they would get me out the contract with my current suppler. I really don't know what to do, I was always made to believe that they were trying to get my business nit that I was in a legal binding contract, iv asked to record telephone conversations with accounts at Ash waste and they put the phone down on me, iv asked for telephone conversations with them and they said they don't hold that information.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Uk
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 16 days ago.
Expert:  Ben Jones replied 16 days ago.

What is your specific query in relation to this please, so that I can best advise?

Expert:  Ben Jones replied 16 days ago.

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Expert:  Ben Jones replied 16 days ago.

Without the requested information, I can only provide you with general information, which hopefully will still be useful to you. First of all, I am sorry to hear about this situation and any associated issues.

The main thing you need to check first is what the conditions on the promise to get you out of the previous contract were and if they were conditional on anything, which was not satisfied. As with any contract, it is important to check the terms and whether it was a straightforward promise, without any conditions or if it was conditional on anything which did not happen, making them no longer liable.

In terms of what happens next, the goods news at least is that you are the one who owes them money, rather than you chasing them for money back.

Whilst a party can make demands for payment, instruct debt collectors or threaten legal action, it is important to note that they can only really force someone to pay if they actually go to court, submit a claim and are successful with it.

There is, however, no guarantee that they will actually ever go that far. Many people issue threats and demands, without ever having the intention of taking the matter to Court. This is done in the hope that the scare the other party into complying with their demands to avoid the risk of being taken to Court. However, until a formal notification of a Court claim has been issued, there is never a guarantee that a claim will actually be made and it could always remain just a threat, rather than reality.

Even if a claim was made, due to the value of compensation sought, this matter would be assigned to the Small Claims Court. This is a relatively low-risk option because it is specifically aimed at the smaller, legally unrepresented parties. The costs of claiming are not that high, there is no need to have a lawyer and incur further costs as a result and even if a party loses the claim, they will not be liable to pay the other side’s legal fees. All they would have to pay is the court fees, which at most will be several hundred pounds and whatever the Court has decided should be paid to the claimant as a result of their original claim.

Also, once judgment has been issued, on the assumption you lose, the judgment is entered on the Register of Judgments, Orders and Fines, where it will remain for 6 years. This is what is known as ‘having a CCJ’ and can impact your credit rating. However, if payment of the judgment is made within one month, the record will be removed from the Register and will no longer be visible. If payment is made after one month has passed, it will still remain on the Register for the 6 years, but will be marked as ‘satisfied’.

To conclude, it is possible to wait and see how far the other side is willing to take this before deciding on how to respond and even if a claim is made, it is possible to proceed and defend the claim in the knowledge that the financial risks of doing so will not be astronomically high and if any judgment made against you is paid within a month, there will be no further repercussions.

Expert:  Ben Jones replied 16 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 16 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.